Structure and functions of the COMESA Competition Commission
Structure of the Commission
The institutions mandated to enforce the Regulations are the Commission established under Article 6 of the Regulations and the Board of Commissioners established under Article 12 of the Regulations. The Commission is mandated to monitor and investigate possible breaches of the Regulations and to report its findings to the Board for decision.
The Board is the supreme policy and adjudicative body of the Commission, with the mandate to make decisions on cases referred to it by the Commission and determines the appropriate remedies to address the prohibited practices.
Composition and Functions of the Board of Commissioners
Pursuant to Article 13 of the Regulations, the Board shall consist of not less than nine (9) and not more than thirteen (13) Commissioners appointed by Council on the recommendation of the Secretary General. Currently the Board consists of 9 members whose details are in table 1 below. The meetings of the Board are work driven although there is an effort that they meet at least once every quarter.
Among the functions outlined under Article 15 of the Regulations, the Board may:
- issue determination on anti restrictive business practices;
- adjudicate and make an order on any other matter concerning the Regulations.
- appeals from decisions made by the committee responsible for initial determination,
- make any ruling or order necessary or incidental to the performance of its function in the Regulations,
- recommend to the Council Rules, forms, fees, etc necessary or expedient for the purposes of implementing the Regulations.
In accordance with Article 13 of the Regulations, the Chairperson appoints an ad hoc Committee of Initial Determination (CID) to make decisions on notifications and complaints received by the Commission
Table: List of the Current Board of Commissioners
|Name of Commissioner||Position on the Board||Nationality|
|Commissioner Mathews Chikankheni||Chairman||Malawian|
|Commissioner Thabisile Pearl Langa||Vice Chairman||Swaziland|
|Commissioner Ali Mohamed Afkada||Member||Djibouti|
|Commissioner Amira Abdel Ghaffar Mohomed||Member||Egypt|
|Commissioner Merkebu Zeleke Sime||Member||Ethiopia|
|Commissioner Francis Wangombe Kariuki||Member||Kenya|
|Commissioner Georges Emmanuel Jude Tirant||Member||Seychelles|
|Commissioner Patrick Okilangole||Member||Uganda|
|Commissioner Chilufya Sampa||Member||Zambia|
Staff of the Commission
The Commission is headed by the Director appointed by Council pursuant to Article 9 of the Regulations. The Director is responsible for administering the affairs of the Commission, funds and property and for performing any other duties arising from the Regulations. The Director with the approval of the Board may appoint other staff members as may be necessary to the due administration of the Regulations. The Commission is made up of three divisions, namely:
- Mergers & Acquisitions
- Enforcement & Exemptions
- Legal Services and Compliance
- Administration and Finance